
Townhome community in Lee's Summit, Jackson County.
A 42-unit attached-townhome community built 1999, governed under a planned-community declaration with a five-member volunteer board operating under part-time management. During a severe-thunderstorm event with hail and microburst characteristics, multiple unit roofs sustained hail damage and an aging community-center awning detached, damaging two parked vehicles plus the patio of an adjacent unit. A maintenance report sixteen months prior had documented corrosion at the awning attachment hardware; partial repairs had been completed, with the remaining work documented as deferred in board minutes.
Read the declaration's common-area maintenance allocation against the existing master policy and prior maintenance reports together. Identified that the deferred-repair pattern documented in board minutes created both a property-damage claim trigger and a separate D&O wrongful-act window. Reviewed the master policy general liability section, the D&O endorsement's wrongful-acts definition for breach-of-board-duty enforcement coverage, and the master policy's roof-replacement-cost-vs-actual-cash-value handling on hail-damage exposure. Sourced a renewal program with explicit deferred-maintenance review documentation, RC-not-ACV roof handling, and broad-form wrongful-acts definition.
The master policy general liability section responded to the third-party property-damage claim from the awning detachment with full defense and indemnity. The master policy property section responded to unit-roof hail damage at replacement cost on units within the declaration's common-element scope. The D&O endorsement received precautionary notice when one unit owner added a separate count alleging breach of board duty for the deferred-repair pattern; defense for the D&O count ran outside the indemnity limit. The carrier conditioned renewal on documented attachment-hardware inspection and RC roof handling. Volunteer director protections held — no findings of gross negligence — but the cost of defense was material.












